By Gilbert Moela and Tholakele Thabane
The small rural mining area of Somkhele, located about 60 km from Richards Bay in Kwa-Zulu Natal, is currently witnessing the destruction of residents’ livelihoods.
The community members are fighting against Tendele Coal Mining (PTY), a subsidiary of Petmin, a South African company, which has brought devastating impacts to the community and the environment.
For years now, the Mfolozo Community Environmental Justice Organisation (MCEJO), an environmental and social justice organisation representing people who reside in the Mfolozi catchment area who protects their land rights against environmentally destructive developments, has been lobbying and litigating against the Tendele Coal Mine.
The mine is suspected to have accomplices in high places—which is demonstrated by its continued behaviour to disregard mining and environmental laws that are meant to protect mining affected communities.
For example, in July last year when MCEJO sought an interdict against the mine to stop mining until it complies, judge Koen dismissed MCEJO’s application. This is despite a ruling a year earlier by judge Bam that Tendele Coal Mine’s existing Environmental Impact Assessment is inadequate and incomplete.
Essentially, judge Koen has permitted the mine to go ahead with mining without an EIA. This is a gross miscarriage of justice and a clear sign of abuse of the courts by Tendele. But what if the judges fail us, too, like in this instance?
To successfully resist the onslaught by Tendele, MCEJO and community members urgently need all of us to join in solidarity with them. And this is why MACUA has also joined forces.
MACUA will be protesting against Tendele’s parent company, at Petmin’s headquarters in Lyme Park, Bryanston, Gauteng, on 05 June 2024.
This protest will be in parallel to a protest planned by the members of MCEJO, which has been litigating against the mine’s expansion for years. In recent years, the community has witnessed Tendele Coal Mine destroying their land, water pollution, and the constant intimidations and attacks on activists who dare to speak out against the mine’s operations.
The proposed expansion of the mine would result in an additional 21.8 million hectares (54 million acres) of land being mined. This expansion will displace hundreds of villagers from their ancestral land, disrupting their way of life and leaving them without a source of income.
The concerns of the community are not unfounded. The mine has already started laying the groundwork for three new mines before the EIA and public consultation process have been finalised. This unlawful behaviour of Tendele Coal Mine has rendered the residents in a state of uncertainty and fear for their future. In what wassupposed to be public consultations, the mine handed over 8000 pages to the
community and gave them just 30 days to comment.
This is an unfair way of soliciting public participation. Many families rely on subsistence farming to make a living and the potential loss of their land, and livelihoods is a grave concern for them. Not only is the proposed expansion causing havoc within the community, but the previous mining operations have resulted in considerable destruction.
This destruction has led to the erosion of the viability of the environment. The oncepristine land of the Somkhele community is left barren and marred by open-pit mines while the air and water have been contaminated by toxic chemicals and waste from the mines. This has not only affected the health of the villagers but also the local wildlife and vegetation.
The struggle of Somkhele has not gone unnoticed. Environmental and human rights groups have joined forces to demand that Tendele Coal Mine be held accountable for their actions.
One such group is the Global Environmental Trust (GET), which has been supporting the community in their fight for justice. GET has raised concerns about the lack of transparency and accountability from the mine and is, along with MACUA now, calling for an immediate halt to the proposed expansion until environmental impact assessments are concluded and the community is afforded sufficient time to participate in consultations.
Tendele’s behaviour is a classic example of why MACUA is calling for the MPRDA to be overhauled, because as it currently stands, it fails to adequately protect mining communities to stand against mining corporations like Tendele Coal Mine.
The situation in Somkhele highlights the ongoing struggle between large corporations and local communities in developing countries. It is a reminder that the pursuit of profits should not come at the expense of the environment and the livelihoods of vulnerable communities. The residents of Somkhele have a right to protect their ancestral land, and their voices should be heard and respected.
And if Tendele Coal Mine remains adamant with its onslaught to the Somkhele community, mining affected communities should rise up to be in solidarity with the Somkhele community and fight against Tendele Coal Mine at all costs. It is time for justice and accountability.
The Somkhele community is also demanding accountability and justice for Fikile Ntshangase, who was assassinated on 22 October 2020. At the time, Ntshangase was the Vice-Chairperson of a sub-committee of MCEJO.
Shortly before she was murdered, Ntshangase had refused to sign an agreement with the mining company, saying: “I cannot sell out my people. And if need be, I will diefor my people.”
To date, no one has been held responsible for her murder.